Although the occurrence of a surgeon performing surgery on the wrong surgical site is rare, it can still happen. Surgery on the wrong surgical site is considered medical malpractice in Florida and you may be able to pursue compensation by working with a medical negligence lawyer to file a Florida medical malpractice claim.
Contributions to Medical Malpractice
Surgery on a wrong surgical site resulting in medical malpractice can occur when proper steps are overlooked before a patient undergoes a surgical procedure.
Listed below are 3 vital steps a surgeon and his/her surgical team need to take to reduce the risk of a medical malpractice:
- Congregate: Before proceeding with surgery, the surgeon and his/her medical team need to look over the patients medical records to make sure there are no flaws in the documentation of the surgery plan. The surgeon and his/her medical staff need to come together to review the patient’s site of surgery, the appropriate procedure for the type of surgery being done, and make sure they have the correct patient.
- Identify: Next, the surgeon’s medical team identifies or marks the site of the surgery. This step has to be done carefully and precisely.
- Re-congregate: The last step the surgeon and his/her medical team need to perform is to regroup one last time before any incisions or operations begin. The surgeon and his/her medical team will come together to completely make sure that they have the right patient, understand the execution of the operation, and know where the surgical site is and what it is they’re operating on.
Third Parties in Florida Medical Malpractice
If you’ve been the victim of a wrong site surgery in a medical malpractice case, more than just the surgeon may be held liable. Listed below are examples of potential third party liability:
- the hospital where the surgery was performed may be held liable for not mandating the protocol that a surgeon and his/her team need to follow;
- the person who wrote the patient’s medical records may be held liable; and
- other parties may also share responsibility.
Although something negative may have occurred during your surgery, it doesn't necessarily mean the doctor was at fault. There are always risks in any medical procedure, that is why you are asked to sign consent forms. It's important to realize that your surgeon or medical practitioner is not always responsible for adverse results stemming from your procedure. To have a legitimate medical malpractice claim, your surgeon or doctor had to have been grossly negligent.
Bear in mind, a physician or surgeon is not going to simply settle in order to keep the case from going to court. Accusations of medical malpractice can ruin a medical care practioner's reputation and career. They will be more than willing to go to court in order to protect their themselves and definitely don't take medical malpractice accusations lightly. If you don't have a claim of negligence that can be proven you simply don't have a medical malpractice claim.
With all that being said, surgery is serious business and if you face the consequences of Florida medical malpractice, you shouldn’t be held liable for the financial, physical, and emotional costs. Keep in mind, there is a statute of limitations for medical malpractice in Florida. It's important to speak with an experienced malpractice attorney as soon as possible.
Your attorney will help you organize your evidence and take over the often overwhelming tasks of a Florida medical malpractice case. Your medical negligence lawyer will help you gather the important medical records and documents that will help you file a claim and will work hard to determine all parties liable for your case.
Do You Think You May Have A Medical Malpractice Claim?
If you believe you may have a Florida medical malpractice claim you need to speak with an experienced medical malpractice attorney, in order to comply with Florida’s pre-suit investigation requirements, and the strict time limits involved. Contact us online or call our office directly at 888.815.6398 to schedule a free consultation to discuss your case. Even if we are unable to take on your case, we always do our best to suggest other attorneys who can assist you.
It's important to keep in mind, in order to have a solid medical malpractice claim your doctor or surgeon must have been negligent in performing their services or diagnosis. Not every case will qualify as medical malpractice.